,,ii #aacth ,,congress #ast ,session ,s4 #ade ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd 7legislative day1 ,january #c71 #bjac ,mrs4 ,boxer introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #cb1 ,united ,states ,code1 to authorize ,national ,guard support for ,state and local efforts to keep schools safe from violence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,save ,our ,students ,act4 #b4 ,national ,guard support for ,state and local efforts to keep schools safe from violence 7a7 ,in general ,chapter #a of title #cb1 ,united ,states ,code1 is amended by inserting after section #aab the following new section3 #aab;a4 ,support for ,state and local efforts to keep schools safe from violence 7a7 ,funding assistance 7#a7 ,plan requirement ,the ,secretary of ,defense may provide funds to the ,governor of a ,state who submits to the ,secretary a plan for using ,national ,guard personnel for the sole purposes of-- 7,a7 performing administrative functions otherwise performed by ,state and local law enforcement personnel for purposes of enabling such law enforcement personnel to be dispatched to keep schools and students safe from violence2 7,b7 helping conduct school security assessments and safety plans2 and 7,c7 conducting capital improvements related to enhancing school and student safety4 7#b7 ,use of funds ,such funds shall be used for the following3 7,a7 ,the pay1 allowances1 clothing1 subsistence1 gratuities1 travel1 and related expenses1 as authorized by ,state law1 of personnel of the ,national ,guard of that ,state used1 while not in ,federal service1 for the purpose of supplementing ,state and local efforts to keep schools safe from violence4 7,b7 ,the operation and maintenance of the equipment and facilities of the ,national ,guard of that ,state used for the purpose of supplementing ,state and local efforts to keep schools safe from violence4 7,c7 ,the procurement of services and equipment1 and the leasing of equipment1 for the ,national ,guard of that ,state used for the purpose of supplementing ,state and local efforts to keep schools safe from violence4 ,however1 the use of such funds for the procurement of equipment may not exceed #e1jjj per item1 unless approval for procurement of equipment in excess of that amount is granted in advance by the ,secretary of ,defense4 7b7 ,use of personnel performing full-,time ,national ,guard duty 7#a7 ,under regulations prescribed by the ,secretary of ,defense1 personnel of the ,national ,guard of a ,state may1 in accordance with the plan referred to in subsection 7c7 with respect to the ,state concerned1 be ordered to perform full-time ,national ,guard duty under section #ejb7;f7 of this title for the purpose of supplementing ,state and local efforts to keep schools safe from violence4 7#b7 7,a7 ,a member of the ,national ,guard serving on full-time ,national ,guard duty under orders authorized under paragraph 7#a7 shall participate in the training required under section #ejb7;a7 of this title in addition to the duty performed for the purpose authorized under that paragraph4 ,the pay1 allowances1 and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of supplementing ,state and local efforts to keep schools safe from violence4 ,the member is not entitled to additional pay1 allowances1 or other benefits for participation in training required under section #ejb7;a77#a7 of this title4 7,b7 ,to ensure that the use of units and personnel of the ,national ,guard of a ,state pursuant to a plan referred to in subsection 7c7 does not degrade the training and readiness of such units and personnel1 the following requirements shall apply in determining the activities supplementing ,state and local efforts to keep schools safe from violence that units and personnel of the ,national ,guard of a ,state may perform3 7i7 ,the performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the ,national ,guard to perform the military functions of the member or unit4 7ii7 ,national ,guard personnel will not degrade their military skills as a result of performing the activities4 7iii7 ,the performance of the activities will not result in a significant increase in the cost of training4 7iv7 ,in the case of activities supplementing ,state and local efforts to keep schools safe from violence that are performed by a unit organized to serve as a unit1 the activities will support valid unit training requirements4 7#c7 ,a unit or member of the ,national ,guard of a ,state may be used1 pursuant to a plan referred to in subsection 7c7 that is approved by the ,secretary of ,defense under this section1 to provide services or other assistance 7other than air transportation7 to an organization eligible to receive services under section #ejh of this title if-- 7,a7 the plan specifically recognizes the organization as being eligible to receive the services or assistance2 7,b7 in the case of services1 the performance of the services meets the requirements of paragraphs 7#a7 and 7#b7 of subsection 7a7 of section #ejh of this title2 and 7,c7 the services or assistance is authorized under subsection 7b7 or 7c7 of such section or in the plan4 7c7 ,plan requirements ,a plan to supplement ,state and local efforts to keep schools safe from violence under this subsection shall-- 7#a7 specify how personnel of the ,national ,guard of that ,state are to be used in supplementing ,state and local efforts to keep schools safe from violence2 7#b7 certify that those operations are to be conducted at a time when the personnel involved are not in ,federal service2 7#c7 certify that participation by ,national ,guard personnel in those operations is service in addition to training required under section #ejb of this title2 7#d7 certify that any engineer-type activities 7as defined by the ,secretary of ,defense7 under the plan will be performed only by units and members of the ,national ,guard2 7#e7 include a certification by the ,attorney ,general of the ,state 7or1 in the case of a ,state with no position of ,attorney ,general1 a civilian official of the ,state equivalent to a ,state attorney general7 that the use of the ,national ,guard of the ,state for the activities proposed under the plan is authorized by1 and is consistent with1 ,state law2 and 7#f7 certify that the ,governor of the ,state or a civilian law enforcement official of the ,state designated by the ,governor has determined that any activities included in the plan that are carried out in conjunction with ,federal law enforcement agencies serve a ,state law enforcement purpose4 7d7 ,examination of plan 7#a7 ,before funds are provided to the ,governor of a ,state under this section and before members of the ,national ,guard of that ,state are ordered to full-time ,national ,guard duty as authorized in subsection 7b71 the ,secretary of ,defense shall examine the adequacy of the plan submitted by the ,governor under subsection 7c74 7#b7 ,except as provided in paragraph 7#c71 the ,secretary of ,defense shall carry out paragraph 7#a7 in consultation with the ,secretary of ,education4 7#c7 ,paragraph 7#b7 shall not apply if-- 7,a7 the ,governor of a ,state submits a plan under subsection 7c7 that is substantially the same as a plan submitted for that ,state for a previous fiscal year2 and 7,b7 pursuant to the plan submitted for a previous fiscal year1 funds were provided to the ,state in accordance with subsection 7a7 or personnel of the ,national ,guard of the ,state were ordered to perform full-time ,national ,guard duty in accordance with subsection 7b74 7e7 ,end strength limitation 7#a7 ,except as provided in paragraph 7#b71 at the end of a fiscal year there may not be more than #d1jjj members of the ,national ,guard-- 7,a7 on full-time ,national ,guard duty under section #ejb7;f7 of this title to perform activities supplementing ,state and local efforts to keep schools safe from violence pursuant to an order to duty2 or 7,b7 on duty under ,state authority to activities supplementing ,state and local efforts to keep schools safe from violence pursuant to an order to duty with ,state pay and allowances being reimbursed with funds provided under subsection 7a77#b77;,a74 7#b7 ,the ,secretary of ,defense may increase the end strength authorized under paragraph 7#a7 by not more than #bj percent for any fiscal year if the ,secretary determines that such an increase is necessary in the national security interests of the ,united ,states4 7f7 ,annual report ,the ,secretary of ,defense shall submit to ,congress on an annual basis a report regarding the assistance provided and activities carried out under this section during the preceding fiscal year4 ,each report shall include the following3 7#a7 ,the number of members of the ,national ,guard excluded under subsection 7e77#a7 from the computation of end strengths4 7#b7 ,a description of the activities to supplement ,state and local efforts to keep schools safe from violence that were conducted under plans referred to in subsection 7c7 with funds provided under this section4 7#c7 ,an accounting of the amount of funds provided to each ,state4 7#d7 ,a description of the effect on military training and readiness of using units and personnel of the ,national ,guard to perform activities under the plans to supplement ,state and local efforts to keep schools safe from violence4 7g7 ,statutory construction ,nothing in this section shall be construed as a limitation on the authority of any unit of the ,national ,guard of a ,state1 when such unit is not in ,federal service1 to perform law enforcement functions authorized to be performed by the ,national ,guard by the laws of the ,state concerned4 7h7 ,definitions ,in this section3 7#a7 ,the term ,governor of a ,state means1 in the case of the ,district of ,columbia1 the ,commanding ,general of the ,national ,guard of the ,district of ,columbia4 7#b7 ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or a territory or possession of the ,united ,states4 7#c7 ,the term supplementing ,state and local efforts to keep schools safe from violence means supporting ,state and local efforts to keep schools and students safe from violence pursuant to a plan described under subsection 7a74 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #a of such title is amended by inserting after the item relating to section #aab the following new item3 #aab;a4 ,support for ,state and local efforts to keep schools safe from violence4 4